이슬람법제 일부다처혼의 제한 입법과 그 시사점

This paper reviews polygamy in Islamic law and studies regulations on polygamy in modern Islamic countries. In most Islamic countries polygamy is not forbidden but certain conditions are stipulated to it. For example, a husband can take another wife with the first wife’s consent. He should be financially competent to support more than one wife and treat his wives equally. Otherwise, the first wife will have the right to demand the dissolution of the marriage or a second marriage will be declared null and void. Modernists hold the view that such conditions on polygamy can be deduced from the main sources of Islamic law through ijtihad, the use of individual reasoning. The increasing number of migrant laborers from Islamic countries may ask us a question about legal protection for women involved in polygamous marriage. Regulations on polygamy in Islamic countries have both theoretical and practical implications for us.